Doe No. 1 et al v. Putnam County et al
| John Doe No. 1, John Doe No. 2 and New York State Rifle and Pistol Association, Inc. |
| Putnam County and Michael C. Bartolotti |
| 7:2016cv08191 |
| October 19, 2016 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Putnam |
| Kenneth M. Karas |
| Constitutionality of State Statutes |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
131
MEMORANDUM OPINION AND ORDER re: 115 MOTION to Preclude Expert Report and Opinion of Dr. William English. filed by State of New York Attorney General, 107 MOTION for Summary Judgment . filed by State of New York Attorney General, 98 MOTION for Summary Judgment . filed by New York State Rifle and Pistol Association, Inc., John Doe No. 1, John Doe No. 2. Based upon the foregoing, the motions for summary judgment and to preclude the expert testimony o f Dr. English are DENIED without prejudice. The Court abstains from determining the meaning of the phrase "unwarranted harassment" under N.Y. Penal Law § 400.00(5) (b)(iii), but retains jurisdiction over any constitutional issue that remains, if any, after the New York Stat courts have finally determined the specific meaning of that phrase. Consequently, this action is stayed pending a final determination of the state law issue described herein. The Clerk of the Court is resp ectfully directed to terminate the pending motion sequences at Docs. 98, 107, and 115, and administratively close this case, without prejudice to either party moving by letter motion to reopen the case within thirty days of the final conclusion of the state law proceedings referred to herein. SO ORDERED. (Signed by Judge Philip M. Halpern on 11/30/2020) (jca)
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Filing
73
OPINION AND ORDER: For the reasons noted herein, the Court concludes that Doe No. 1 has standing to bringthe Fourteenth Amendment claim and Doe No. 2 has standing to bring the Second andFourteenth Amendment claims. The Court denies the NYAG's Mo tion To Dismiss as to theSecond Amendment claim, but grants the Motion To Dismiss as to the Fourteenth AmendmentClaim.The Court will hold a conference on November 15, 2018 at 3:00 p.m. to discuss the statusof the remaining claims. The Clerk of the Court is respectfully directed to terminate the pendingMotion. (Dkt. No. 57.)SO ORDERED. (Status Conference set for 11/15/2018 at 03:00 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 9/28/2018) (jca)
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